Uses of a Real Estate Attorney

A knowledgeable real estate attorney can be used by both buyers and sellers during real estate transactions.

Real estate transactions often involve the exchange of a significant amount of money. Despite the high stakes, most individuals manage to conduct their real estate business with no hitches. After all, brokers, appraisers, mortgage companies and real estate agents offer their guidance. In many instances, though, hiring an attorney provides additional assurances. These attorneys are experienced and knowledgeable about real estate law, and, in some states, they are a required component in the preparation of home-purchase documents, title searches and closings. In California, you are not required to use an attorney when buying or selling real estate.

When Buying

Real estate lawyers review purchase contracts to make sure there are no issues to be resolved. Some insurance and mortgage lenders require you to use a lawyer. Among specific areas attorneys explore are making sure the title is good and that there are no undisclosed liens against the property. Ultimately, the attorney makes sure the contract terms are acceptable and ensures that there are no issues that will cause problems at closing. Buyers also can direct attorneys to help them comprehend the terms of the purchase contract; some buyers ask attorneys to check into local covenants and codes that could impact how they plan to use the property. According to the financial website LendingTree.com, real estate attorneys also help buyers by clarifying the terms of the mortgage and modifying them if needed and by checking to ensure there are no taxes or utility costs owed on the property to be purchased.

When Selling

Real estate attorneys also help sellers. Their primary role involves reviewing the binder, a formal offer by the buyer that commits the person to purchasing the property, and preparing the purchase and sale agreement. Real estate attorneys also can participate in the negotiating process on behalf of the seller to ensure that the seller receives the best terms possible. A seller&rsquo;s real estate attorney also prepares the deed for the property and, if necessary, deals with title issues. The attorney also attends the closing and reviews all papers the seller signs.

Answering Legal Questions

In California, real estate attorney involvement is optional. In some states, though, a real estate attorney is required for the preparation of documents such as the binder. Even if an attorney is not mandated, NOLO.com suggests hiring an attorney under certain circumstances. Essentially, website says an attorney should be consulted anytime the buyer, seller or real estate agent is unable to address a legal question. According to NOLO.com, real estate agents are knowledgeable, but cannot answer some legal questions.

About the Author

Based in Central Florida, Ron White has worked as professional journalist since 2001. He specializes in sports and business. White started his career as a sportswriter and later worked as associate editor for Maintenance Sales News and as the assistant editor for "The Observer," a daily newspaper based in New Smyrna Beach, Fla. White has written more than 2,000 news and sports stories for newspapers and websites. He holds a Bachelor of Arts degree in journalism from Eastern Illinois University.